Florida property deeds

Deeds Florida recognizes

Florida does not recognize transfer-on-death deeds, so recording one here may not do what you want.

How a deed has to be signed in Florida

Florida is one of only 5 states that still require witnesses. Florida requires two subscribing witnesses to the grantor's signature on a deed conveying an interest in real property (Fla. Stat. § 689.01). The grantor signs in the presence of both. The notary may serve as one of the two witnesses, but a second, separate witness is still required. Each witness must print his or her name and post-office address under his or her signature (Fla. Stat. § 695.26(1)(c)); the clerk will not record the deed without them.

Florida document formatting rules

A safe layout for Florida is 8.5 × 11 inch paper with a 3-inch clear space at the top of the first page for the clerk of the circuit court's stamp, 1-inch margins elsewhere, and no type smaller than 10 point. That is the profile Deedly formats every Florida document to. Writing into the recorder's stamp area is the most common formatting rejection there is.

• Florida requires a 3-inch by 3-inch blank space at the top right corner of the first page and a 1-inch by 3-inch space at the top right of each additional page (Fla. Stat. § 695.26).

Florida transfer tax and recording fees

Florida charges Documentary stamp tax at $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County, plus a $0.45 surtax on non-single-family property). Florida taxes the mortgage balance too: if the grantee takes property subject to a mortgage, documentary stamp tax is due on the outstanding balance even when no cash changes hands, unless the deed is a homestead transfer between spouses (Fla. Stat. § 201.02(7)(b)). Florida has no general exemption for gifts or family transfers: a deed of unencumbered property for no or nominal consideration owes the $0.70 minimum. The Florida Department of Revenue says every party to the deed is liable for the tax, whoever agrees to pay it. Florida cities and counties cannot impose their own deed taxes. The only local add-on is Miami-Dade County's 45-cent surtax on non-single-family property, collected with the state tax.

Common exemptions: A deed of homestead property between spouses (one spouse to the other, one spouse to both, or both to one) where the only consideration is the existing mortgage (§ 201.02(7)(b)) and A deed of the marital home between spouses or former spouses made under a dissolution-of-marriage action, with tax paid on such a deed up to 1 year before the dissolution refundable (§ 201.02(7)(a)).

Recording fees run $10 for the first page and $8.50 per additional page. Florida sets these fees by statute (Fla. Stat. § 28.24): $10.00 for the first page, $8.50 for each additional page, and $1.00 for each name over four. Confirm with your recorder before mailing.

See how Florida's transfer tax and recording fee compare with other states.

How to hold title in Florida

• Sole ownership. One person owns everything.
• Tenancy in common. Separate, divisible shares with no survivorship. A deceased owner's share goes to their heirs.
• Joint tenancy with right of survivorship. Equal shares; the survivor takes the whole property automatically.
• Tenancy by the entirety. Married couples only, with automatic survivorship and, in most states that allow it, protection from one spouse's creditors.

Where to record a deed in Florida

Deeds are recorded with the Clerk of the Circuit Court in the county where the property is located. Florida has 67 counties. Many offices accept e-recording, but usually only from approved submitters such as title companies, attorneys, and lenders.

Miami-Dade · Broward · Palm Beach · Hillsborough · Orange · Duval · Pinellas · Lee · Polk · Brevard · Pasco · Volusia · Seminole · Sarasota · Collier. all Florida recording offices

Why deeds get rejected in Florida

• Florida requires TWO witnesses to the grantor's signature in addition to the notary. This is the single most common reason a Florida DIY deed gets rejected. The notary can be one of the two witnesses, but you still need a second person. Each witness also prints a name and post-office address under the signature (Fla. Stat. § 695.26(1)(c)).
• The deed must show the name and post-office address of the person who prepared it (Fla. Stat. § 695.26(1)(b)). Deedly prints them in the PREPARED BY block.
• Florida homestead law requires BOTH spouses to sign a conveyance of a homestead property, even when only one spouse's name is on the deed. The exception is a deed from one spouse to the other, which the receiving spouse need not sign (Fla. Stat. § 689.11(1)).
• Documentary stamp tax applies to any mortgage balance the grantee takes subject to. A $0 sale price does not mean $0 tax if there is a loan on the property, unless it is a homestead transfer between spouses (Fla. Stat. § 201.02(7)(b)).
• Leave a 3-inch by 3-inch blank block at the top right of page one. Florida clerks stamp there and will reject deeds that fill it.
• Most Florida counties record deeds with the Clerk of the Circuit Court, but Broward County records them with its Records, Taxes and Treasury Division and Orange County with the Orange County Comptroller. Send the deed to the right office.
• Florida does not have transfer-on-death deeds. The lady bird deed is Florida's probate-avoidance instrument. If the property is your homestead and you leave a spouse or a minor child, Florida's homestead rules can override it at your death (Fla. Const. art. X, § 4(c); Fla. Stat. §§ 732.4015, 732.4017).